Under OCGA § 40-6-391(a)(5), "[a] person shall not drive or be in actual physical control of any moving vehicle while . . . [t]he person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended." 260 Ga. App. 606 ( 580 S.E.2d 249) (2003). Like the jury instruction approved in Stepic v. State, 226 Ga. App. 734, 735(1) ( 487 S.E.2d 643) (1997), the charge in this case merely authorized the jury in its discretion to infer that the defendant was under the influence of alcohol and therefore was not unconstitutionally burden shifting.